B M SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner challenges the validity of The Joint Director Class I in the Commissionerate of Gujarat and Rural Industries Recruitment Rules 1997 framed by the Governor of Gujarat in exercise of powers conferred under proviso to Article 309 of the Constitution of India and notified on 13/08/1997. He also challenges the rules framed for recruitment of Project Manager and Deputy Director Class I, namely, Project Manager and Deputy Director under the Commissionerate of Gujarat and Rural Industries Recruitment Rules 1997 promulgated on the same date.

(2.) From the facts disclosed in the petition, it appears that until resolution dated 2 8/11/1972 was passed, the cottage industries and industrial cooperatives were administered generally under the Department of Cooperation. However, by the aforesaid resolution, a separate Directorate of Gujarat Industries and Industrial Cooperation was created and the first director of the cottage industries was manned from cooperation department working in the cadre of joint register. Until the framing of Rules under challenge, the administrative post was filled up from the persons of cooperation department whether by deputation or promotion to the post though the same was not included in the cadre of the cooperation department. In other words, the post of Joint Director in Directorate of Cottage Industries and Industrial Cooperatives was excadre post not included in the rules governing other posts in the cooperation department. In 1992, by notification dated 7/12/92, Gujarat Cooperative Service Class I Recruitment Rules 1993 were framed also in exercise of powers conferred on Governor under proviso to Article 309 of the Constitution in suppression of all previous rules made by the Government. The Rules were meant for recruitment of the following posts only :-

(3.) Another set of rules for recruitment to the post of Class II in the cooperation department were framed known as Gujarat Cooperative Services Class II Recruitment Rules 1992 [hereinafter referred to as `Class II Recruitment Rules, 1992']. These rules were meant for recruitment to the State Cooperation Department, Assistant Registrar of Cooperative Services, Assistant Director of Cottage Industries, Assistant registrar for Industrial Cooperation, Assistant District Registrar of Cooperative Societies, Sub Auditor, Cooperative Societies and Manager and Assistant District Registrar of Cooperative Societies. Inspite of framing these two set of rules in 1992, the posts of Joint Director Class I and Project Manager which also falls in the same grade, and Deputy Director Class I were not included in the cadre to be governed by these two set of rules. These posts in the Directorate of Cottage Industries and Industrial Cooperatives were continued to be manned by executive orders on deputation from different departments. The methodology of filling these posts on deputation from different department were challenged in Special Civil Application No.6605/97 by some of the incumbents in the cooperation department seeking a writ of prohibition against giving deputation to persons from other departments except from the department of cooperation and cottage industries. With this background, the Rules of 1997 were framed providing for recruitment of Joint Director through promotion and the sources of recruitment through promotion was identified as persons who have worked for not less than 5 years in the said cadres. Separate Rules were also framed for recruitment in the cadre of project manager / deputy director, Class I in the commissionerate of cottage and industries which were to provide feeder cadre for promotion to post of Joint Director. The latter rules provided recruitment by both the methods, namely by promotion as well as by direct recruitment. The sources of recruitment by promotion on the post of project manager and deputy director Class I in the cadre attached to the commissioner of cottage and rural industries were persons who were for not less than 8 years worked as technical officer or assistant director, or industrial promotion officer or textile officer Class II under the commissioner of Cottage & Rural Industries. It also envisaged relaxation in the period of experience, if no person with the requisite experience under the commissionerate of cottage and rural industries were available. For direct selection, the age limit was prescribed to be 32 years which was relaxable in favour of the candidates having the exceptional qualification or experience or both and who are already in the service of the Government of Gujarat in accordance with the provisions of the Gujarat Civil Services Classification and Recruitment [General] Rules, 1967 as amended from time to time, apart from providing other qualification for the purpose of eligibility of the persons seeking consideration for direct selection.